A subtenant is someone who has the right to use and occupy rental property leased by a tenant from a landlord. A subtenant has responsibilities to both the landlord and the tenant. A tenant must often get the consent of the landlord before subletting rental property to a subtenant. The tenant still remains responsible for the payment of rent to the landlord and any damages to the property caused by the subtenant, unless the landlord agrees to release the tenant from liability.
Generally, to evict a roommate, you must be the original tenant (or the one who has signed a lease or rental agreement with the landlord), and the roommate you want to evict must be your landlord's subtenant. A subtenant is usually someone who is renting part of your place from you and paying rent to you instead of your landlord. In this relationship, you are the "landlord" and your roommate is your "tenant."
A tenant acting in the capacity of a landlord who resides in the same rental unit with his or her subtenant may be able to evict said subtenant without just cause, as required under some local landlord-tenant laws, which vary by locality. Depending on local law, a master tenant must give written notice to the subtenant a certain number of says in advance of eviction. If the subtenant doesn't leave, it may be necessary to file an unlawful detainer lawsuit.
Under some local laws, a tenant who subleases his or her rental unit may charge no more rent upon initial occupancy of the subtenants than that rent which the tenant is currently paying to the landlord. In other words, a master tenant cannot profit off of their landlord's property. Dear [Landlord's Name], I hope this letter finds you well. I am writing to address an issue that has recently arisen regarding subleasing my apartment at [address] in Miami-Dade, Florida. I would like to express my concerns about your refusal to allow me to sublease the premises, which I believe is unreasonable and unjust given the circumstances. As you know, a sublease occurs when a tenant decides to rent out their unit to another individual, known as the subtenant, for a specific period of time. This practice is common and often necessary for tenants who find themselves in situations where they need to temporarily or permanently vacate their premises due to various reasons such as job transfers, personal emergencies, or financial constraints. In such cases, subleasing provides an opportunity for tenants to fulfill their lease obligations while alleviating the burden of paying rent for an unoccupied unit. Miami-Dade County, Florida, does not explicitly prohibit subleasing unless it is explicitly outlined in the lease agreement. However, it is essential to note that a landlord's denial of subleasing must be reasonable and justified, especially if the tenant has complied with all lease terms and conditions and presented a suitable subtenant candidate who satisfies the necessary criteria, such as meeting income requirements, providing references, and undergoing a background check. In the case of my subleasing request, I have adhered to the procedures stipulated in our lease agreement by obtaining your written consent prior to pursuing any sublease. Moreover, I have identified a responsible and reliable candidate who has successfully fulfilled all the necessary requirements. To further ensure the smooth transition and to protect your interests, I have offered to facilitate the necessary paperwork, including drafting a sublease agreement that mirrors the terms and conditions of our existing lease. Considering these factors and the current rental market conditions in Miami-Dade, Florida, it is evident that your refusal to allow subleasing is unreasonable. By rejecting my proposal, it puts me in an unreasonable and burdensome position, forcing me to continue to bear the financial responsibilities of the rent without being able to utilize the premises due to my unforeseen circumstances. I kindly request that you reconsider your stance regarding subleasing. Assuring you that all necessary precautions and due diligence have been undertaken, I believe granting permission for subleasing would be a fair and practical solution for both parties involved. Should you have any reservations or concerns, I am open to discussing them further and finding alternative options that may meet your requirements. Thank you for your attention to this matter. I look forward to your prompt response and a resolution that respects the mutual rights and obligations outlined in our lease agreement. Sincerely, [Your Name] [Apartment Number/Unit] [Address] [City, State, ZIP] [Phone Number] [Email Address] Alternate Types of Letters: 1. Request for Mediation/Arbitration 2. Legal Notice of Intent to Sublease 3. Complaint to Local Housing Authority or Bureau of Consumer Affairs 4. Legal Action Notice for Breach of Lease Agreement due to Unreasonable Denial of Sublease 5. Request for Lease Amendment to Allow Subleasing.
Dear [Landlord's Name], I hope this letter finds you well. I am writing to address an issue that has recently arisen regarding subleasing my apartment at [address] in Miami-Dade, Florida. I would like to express my concerns about your refusal to allow me to sublease the premises, which I believe is unreasonable and unjust given the circumstances. As you know, a sublease occurs when a tenant decides to rent out their unit to another individual, known as the subtenant, for a specific period of time. This practice is common and often necessary for tenants who find themselves in situations where they need to temporarily or permanently vacate their premises due to various reasons such as job transfers, personal emergencies, or financial constraints. In such cases, subleasing provides an opportunity for tenants to fulfill their lease obligations while alleviating the burden of paying rent for an unoccupied unit. Miami-Dade County, Florida, does not explicitly prohibit subleasing unless it is explicitly outlined in the lease agreement. However, it is essential to note that a landlord's denial of subleasing must be reasonable and justified, especially if the tenant has complied with all lease terms and conditions and presented a suitable subtenant candidate who satisfies the necessary criteria, such as meeting income requirements, providing references, and undergoing a background check. In the case of my subleasing request, I have adhered to the procedures stipulated in our lease agreement by obtaining your written consent prior to pursuing any sublease. Moreover, I have identified a responsible and reliable candidate who has successfully fulfilled all the necessary requirements. To further ensure the smooth transition and to protect your interests, I have offered to facilitate the necessary paperwork, including drafting a sublease agreement that mirrors the terms and conditions of our existing lease. Considering these factors and the current rental market conditions in Miami-Dade, Florida, it is evident that your refusal to allow subleasing is unreasonable. By rejecting my proposal, it puts me in an unreasonable and burdensome position, forcing me to continue to bear the financial responsibilities of the rent without being able to utilize the premises due to my unforeseen circumstances. I kindly request that you reconsider your stance regarding subleasing. Assuring you that all necessary precautions and due diligence have been undertaken, I believe granting permission for subleasing would be a fair and practical solution for both parties involved. Should you have any reservations or concerns, I am open to discussing them further and finding alternative options that may meet your requirements. Thank you for your attention to this matter. I look forward to your prompt response and a resolution that respects the mutual rights and obligations outlined in our lease agreement. Sincerely, [Your Name] [Apartment Number/Unit] [Address] [City, State, ZIP] [Phone Number] [Email Address] Alternate Types of Letters: 1. Request for Mediation/Arbitration 2. Legal Notice of Intent to Sublease 3. Complaint to Local Housing Authority or Bureau of Consumer Affairs 4. Legal Action Notice for Breach of Lease Agreement due to Unreasonable Denial of Sublease 5. Request for Lease Amendment to Allow Subleasing.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
